Mutações constitucionais e ativismo judicial: bases dogmáticas

Abstract

In a context of the Judiciary's protagonism, there are discussions about constitutional mutations and judicial activism. This paper aims to delimit the legal nature of constitutional mutations, presenting its requirements and application scenarios, as well as introduce judicial activism according to its origin, the reasons for its evolution in the Brazilian scenario and its effects on the legal scenario. This dogmatic basis will make it possible to correlate both institutes to answer whether constitutional mutations are a form of judicial activism and to what extent constitutional mutations are a legitimate form of revision of norms. For this purpose, the methodology used is a bibliographical review of an expository nature, with a survey of renowned authors and experts on the subject under discussion. At the end, criteria for the use of constitutional mutations will be suggested, considering the development presented throughout this work.